A police officer entered my residence without my permission with what I believe to be no exigent circuumstances or evidence of danger to anyone.

Question Details: I hit a flowerbed with my car on my apartment complex (private property) at around midnight. I drive 200 yards to my parking spot, call my insurance company and go to bed. I awake the next morning to a female officer (I am a male sleeping in the buff) in my apt at my OPEN bedroom door saying she callled my phone and got no answer and knocked with no answer--I was sleeping! Does she have the right to enter my apt without my permission even if the property manager knows I hit the flowerbed the night before?

Asked 10/17/2009 under Auto Accidents | 346 View(s) | More Legal Topics

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Auto Accidents Law Answers

The fact that the police officer came into your apartment leads me to believe she was not conducting a civil investigation.  In purely civil matters (compared to criminal matters) investigating officers do not conduct a  "search and seizure" investigation.  Officers do not let themselves into someone's apartment, especially without anyone from management accompanying them in civil cases.  If the officer was conducting a purely routine civil investigation, she should not have entered your apartment.  If you want to further investigate your rights and find out whether the officer violated your civil rights and right to privacy, seek out an attorney who handles criminal matters.

KPS

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